Terms of Use

1. These terms of use (the “Terms”) set out the terms and conditions upon which we, Downtoat Research and Consulting (OPC) Private Limited, registered company identity number U74999KA2018OPC113201, L-8,T-1, Umiya Business Bay, Cessna Business Park, Kadubeesanahalli, Bangalore, Karnataka, India, 560037 and our affiliates and associated offices (collectively “Down-To-a-T”, “we”, “us”, “our”) make available our website (the “Website”), any content and features published on the Website or otherwise made available to you (“Content”) and research, subscription and other services (“Services”) to visitors, subscribers, users and other individuals who directly or indirectly access the Website, Content or Services or contact us (each a “User”, “you”, “your”, “yourself”).

 

2. If you have any questions, complaints or other requests you can contact us at [email protected]

 

3. By using our Website, Content or Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website, Content or Services. We recommend that you print a copy of these Terms for future reference.

 

4. You are also responsible for ensuring that all persons who access our Website, Content or Services through your internet connection are aware of these Terms and that they comply with them.

CHANGES

 

5. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms periodically.

 

6. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and the reasonableness of these standards for notice of changes.

 

7. We may update and change our Website, Content and Services from time to time to reflect changes to our products, our Users’ needs and our business priorities.

AVAILABILITY, SUSPENSION AND TERMINATION

8. We do not guarantee that our Website, Content and Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website, Content and Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

9. We reserve the right, at our sole discretion, to terminate or restrict your access to our Website, Content and Services at any time, without notice.

 

10. We cannot guarantee the speed or security of the Website, Content and Services. We shall not be responsible for the presence of any viruses, electronic bugs, Trojan horses, etc., and any damage that they may cause or loss that you may suffer, directly or indirectly, as a result of a virus attack that is traced to our Website, Content and Services.

 

11. You are responsible for configuring your information technology, computer programmes and platform to access our Website, Content and Services. You should use your own virus protection software.

INTELLECTUAL PROPERTY

 

12. It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Notices of claimed infringement should be directed to [email protected]

 

13. We are the owner or the licensee of all intellectual property rights in our Website, Content and Services. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

 

14. You are solely responsible for any intellectual property right violations you may incur as a result of your activities on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of all Content must always be acknowledged by sending a mail asking for our permission to use any such material.

 

15. You must not use any part of our Content for commercial purposes without obtaining a licence to do so from us. 16. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website, Content and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

WEBSITE CONTENT, USE OF CONTENT, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

17. By using the Site web sites you agree to indemnify us and affiliated entities (collectively “Indemnities”) and hold them harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to us or from any person’s use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.

 

18. Our Websites may include Social Media Features, such as the Facebook Like button and Widgets. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. These Terms does not apply to these features. Your interactions with these features are governed by the terms and other policies of the companies providing them.

 

19. Our Content is provided for general information only. It is not intended to amount to advice on which you should rely.

 

20. We do not intend to give financial advice, so you should not rely on the information provided on our Website or in our Content when making an investment decision.

 

21. Although we make reasonable efforts to update our Content, where appropriate, we make no representations, warranties or guarantees, whether express or implied, that our Content is accurate, complete or up to date.

 

22. You expressly understand and agree that: (i) your use of the site, including any reliance on any such opinion, advice, statement, memorandum, or information contained herein, shall be at your sole risk; (ii) the site is provided on an “as is” and “as available” basis; (iii) except as expressly provided herein we disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and noninfringement; (iv) we make no warranty with respect to the results that may be obtained from this site, the products or services advertised or offered or merchants involved; (v) any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk; and (vi) you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.

 

23. You understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any of our sites or materials or functions on any such site, even if we have been advised of the possibility of such damages. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

USER-GENERATED CONTENT AND LINKED SITES

24. Our Website may provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. These Terms does not apply to these other websites, which are subject to any Terms and other policies they may have.

 

25. This Website may include information and materials uploaded by other Users, including to bulletin boards and chat rooms or chat facilities. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Website do not represent our views or values.

 

26. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

27. Any content you upload to our Website will be considered non-confidential and non proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other Users a limited licence to use, store and copy that content and to distribute and make it available to third parties. You agree that we may use any ideas, concepts, know-how, or techniques that you send us for any purpose.

 

28. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

29. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Policy.

 

30. You are solely responsible for securing and backing up your content.

CUSTOMER TESTIMONIALS AND COMMENTS

31. We post customer testimonials and comments on our Websites, which may contain Personal data. We obtain each customer’s consent via email and product evaluations before posting the customer’s name and testimonial.

PAYMENT INFORMATION

32. We collect and process payment information from you when you subscribe to events and/or the Subscription Service, including credit cards numbers and billing information, using third-party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you.

USE OF PERSONAL DATA

33. In addition to the uses identified elsewhere in Terms of Use, we may use your Personal data to (a) improve your browsing experience by personalizing the Websites and to improve the Service; (b) send information to you which we think may be of interest to you by post, email, or other means; (c) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think
may be of interest to you, and (d) provide other companies with statistical information about our users – but this information will not be used to identify any individual user.

 

34. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal data to the third party.

 

35. Also, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal data except for these purposes, and they are required to maintain the confidentiality of your information. If you do not want us to share your personal data with these companies you can explicitly inform the same at [email protected]

 

36. We use Navigational Information (wherein, Navigational Information refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed) to operate and improve the Websites. We may also use Navigational Information alone or in combination with Personal data to provide you with personalized information about Down-To-a-T.

GENERAL AND GOVERNING LAW

37. If any provision of these Terms is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

38. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer’s documents or purchase orders.

 

39. You may not assign, sub-license, or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

 

40. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Karnataka and Indian laws. Users unconditionally agree to the exclusive jurisdiction of the courts of Karnataka and India.